Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with medical malpractice verdict

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case-analysis

Our managing partner, Trial Attorney Ben Rubinowitz going to be doing a Case Analysis hosted by Nathan Werksman on Trial Lawyers University about the $120 million medical malpractice verdict he just received in Westchester.  The webinar will be on January 10, 2024 at 1:30pm.

“Lee v Westchester Medical Center” is a legal case revolving around medical malpractice and delayed treatment. The patient, a 41-year-old man, suffered a Basilar artery stroke. His wife found him unconscious at 3 am, and he was subsequently transferred to Westchester Medical Center. Initially, the stroke was misdiagnosed by resident radiologist and neurologist as an infection or dissection, delaying the correct treatment by three hours. When a more experienced radiologist later identified the stroke, a thrombectomy was performed.

The plaintiff’s claim focused on this delay, arguing that it resulted in significant brain damage and severe short-term memory issues, depriving the patient of a chance for a better recovery. The defense conceded the misdiagnosis but argued that the stroke’s severity, not the delayed treatment, caused the brain damage. They posited that the damage occurred between 10 pm and the patient’s hospital arrival, and earlier treatment wouldn’t have altered the outcome.

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120M Verdict by our Medical Malpractice AttorneysIn a landmark decision that highlights the importance of timely medical intervention, a Westchester County jury awarded a record-setting $120 million in a medical malpractice lawsuit against Westchester Medical Center. This verdict, delivered on November 30, 2023, after a four-week trial, marks the largest award ever in a medical malpractice case in Westchester County.

The case revolved around the hospital’s negligence in treating 41-year-old William Lee, who suffered from a stroke in 2018. Rushed to the hospital by ambulance, Lee was the victim of a critical delay in treatment. The jury found that inexperienced doctors on call were responsible for a three-hour delay in removing a clot from Lee’s basilar artery. This delay led to extensive brain damage, necessitating lifelong care at a residential brain injury center.

The tragedy of this case is underscored by the extent of Mr. Lee’s injuries. The damage to his brain has severely impaired his judgment and short-term memory, rendering him dependent on round-the-clock care and unable to provide for his family. The compensation awarded includes provisions for his future medical needs, pain and suffering, loss of enjoyment of life, and compensation for his wife for the loss of his services and society.

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